Court rules that Insurer must pay LTD Benefits as well as Damages for Mental Distress arising from a Denial of Benefits

Posted on September 2, 2017 (July 5, 2024) by Kotak Law

Individuals who have coverage for disability benefits under an employee benefits plan or another policy are entitled to receive income replacement benefits if they become injured or ill and are no longer able to perform their job. Unfortunately, insurance companies sometimes deny coverage for legitimate claims. One of the most common reasons for denial of ...

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Long-term Disability Dispute impacts Supplementary Benefits such as Health and Dental Coverage

Posted on June 5, 2017 (July 5, 2024) by Kotak Law

When someone has long-term disability (LTD) coverage under an employee group benefits plan, they are eligible for income replacement coverage if they are unable to work due to an injury or an illness. Individuals who qualify for disability coverage may also continue to receive other benefits, such as dental, health and life insurance coverage. Unfortunately, ...

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Psychological Trauma from a Scar and Disfigurement Injury

Posted on May 22, 2017 (June 16, 2023) by Kotak Law

Motor vehicle accidents and accidents in the home, such as burning or scalding incidents, are the most common accidental causes of scars and disfigurement in Canada. Such injuries may also result from a dog attack, an assault or a sports injury. Whatever the cause, permanent scars or disfigurement are often traumatizing and have a substantial ...

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Meeting the Eligibility Threshold for Pain and Suffering Damages

Posted on May 14, 2017 (July 5, 2024) by Kotak Law

A negligent party or driver is not liable for damages for a non-pecuniary loss resulting from a motor vehicle accident unless the injured person died or sustained a “permanent serious disfigurement” or a “permanent serious impairment of an important physical, mental or psychological function”, as defined under Ontario’s Insurance Act (1990) section 267.5(5). This regulation ...

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‘Catastrophic Impairment’ in Motor Vehicle Accident Claims

Posted on May 2, 2017 (January 7, 2025) by Kotak Law

We generally use the term ‘catastrophic injury’ to apply to severe and life-altering injuries, such as blindness or a spinal injury that results in paraplegia. However, ‘catastrophic impairment’ has a very specific meaning with respect to accident benefits pursuant to Ontario’s Insurance Act. Catastrophic impairment refers to the most serious category of injuries that may be ...

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Damages awarded for chronic Myofascial Pain resulting from a Car Accident

Posted on April 17, 2017 (July 5, 2024) by Kotak Law

An extremely active woman with a rewarding career found her life significantly impacted after she suffered serious injuries in a car accident caused by the defendant driver. In the trial, Camilleri v. Bergen, the defendant admitted liability for the accident and did not dispute the evidence from medical experts demonstrating that the plaintiff suffers chronic ...

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Defendant’s Insurer ordered to pay full Settlement arising from Snowmobiling Accident

Posted on April 2, 2017 (July 5, 2024) by Kotak Law

Snowmobiling is a very popular sport in Canada, but it is also the most dangerous winter sport in this country. And, although many participants practice safe snowmobiling, there are also frequent incidents of reckless actions every winter in Ontario, that result in serious accidents and injury for both drivers and passengers. A Feb 13 news ...

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Passengers not found contributorily liable in Personal Injury Claim

Posted on February 24, 2017 (July 5, 2024) by Kotak Law

A 16-year-old boy took his mother’s vehicle without her consent, and went for a joyride with three friends. The underage driver was driving in breach of his G1 as he did not have a properly licensed passenger in the vehicle. He lost control on a straight section of the road, causing the car to roll ...

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Can a Defendant demand an independent Medical Assessment of an Injured Plaintiff?

Posted on February 14, 2017 (July 5, 2024) by Kotak Law

As set out in the Courts of Justice Act, s. 105 and the Rules of Civil Procedure, (rule 33.01) a defendant may submit a motion to request an independent medical examination of a plaintiff if the latter’s physical or psychological condition has changed or is in question. The intent of this type of motion is ...

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Court finds the Defendants liable when a Sidewalk Sign injures a Toronto Woman

Posted on February 2, 2017 (July 5, 2024) by Kotak Law

If you are injured due to an unsafe condition on a property or due to a product that is unsafe in terms of its design, construction or installation, you may be eligible for compensation for your injury and losses. Owners and occupiers of a property are responsible for keeping anyone coming onto their property reasonably ...

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